Nunc pro tunc is a Latin term meaning "now for then". It refers to a thing is done at one time which ought to have been performed at another. Permission must be sought from the court to do things nunc pro tunc. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). An example would be if a court clerk failed to file an answer when he/she received it, and a nunc pro tunc date of filing is needed.
A South Dakota Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order refers to a legal procedure that allows parties to seek correction for clerical errors or omissions in a court order. This motion is submitted to the court, requesting retroactive correction or revision of the order to accurately reflect the original intention of the court. A clerical omission can occur due to various reasons, such as typographical errors, unintentional omissions, or oversights during the drafting or entry process of a court document. If left uncorrected, these errors can have significant implications for the parties involved and may lead to misinterpretations or non-compliance with the intended court order. By filing a South Dakota Motion to Correct a Clerical Omission Nun Pro Tune, the applicant seeks the court's approval to amend the order as if the mistake had never occurred. The phrase "Nun Pro Tune" translates to "now for then," indicating that the correction is retroactive and has the effect of backdating the order to the original intended date. Some common types of clerical omissions that can be addressed through this motion include: 1. Mistakes in names or identities: If there is an error in the spelling of a person's name, incorrect identification of a party, or other similar mistakes, the Motion to Correct a Clerical Omission Nun Pro Tune can rectify these errors. 2. Typographical errors or miscalculations: In cases where the court order contains typographical errors or mathematical miscalculations, this motion can be used to correct such errors, ensuring accurate representation of the intended judgment or ruling. 3. Amendments to documentation or exhibits: If the omission or error relates to the inclusion or exclusion of crucial documents or exhibits, this motion can be utilized to add or remove such materials from the court record. 4. Clarification of language or terms: In situations where the court order is ambiguous or lacks clarity in its language or terms, this motion can be used to provide precise clarification, ensuring proper interpretation and enforcement. 5. Correcting filing or docketing errors: If there are mistakes in the filing or docketing process, such as incorrect index numbers, wrong dates, or other errors that affect the order's accuracy or accessibility, this motion can be filed to address these clerical omissions. In conclusion, a South Dakota Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order serves as a remedy to rectify unintentional mistakes or omissions in a court order. By seeking retroactive correction, this motion ensures that the intended order accurately reflects the original intention of the court, avoiding potential confusion or unfair outcomes.
